The Barcelona Provincial Court has acquitted a taxi driver who was on trial for the sexual assault of a 22-year-old passenger. The court ruled the accuser’s testimony lacked the consistency and credibility needed to overturn the presumption of innocence, leading to the driver’s full acquittal.
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The public prosecutor’s office had sought an 11-year prison sentence for the 60-year-old driver, who was accused of digitally penetrating the young woman during a journey on 1 September 2023. However, magistrates concluded that the prosecution failed to meet the necessary burden of proof in the case.
The Incident in Question
The court established the incident began around 3:50 a.m. when the driver picked up the tourist, who was “evidently intoxicated,” outside a nightclub in the affluent Sant Gervasi neighbourhood. The woman’s friend flagged down the taxi and gave the driver an address in Barcelona where the tourist was staying with other friends.
The young woman sat in the front passenger seat. During the journey, one of her friends called the driver, concerned about the delay, and corrected the destination to a street with the same name in the neighbouring municipality of L’Hospitalet de Llobregat. It was during this trip that the alleged assault was said to have occurred. The driver consistently denied the accusation.
A Verdict Based on Credibility
The court’s decision hinged on the testimony of the accuser, who was the sole witness to the alleged crime. In its ruling, the tribunal stated that her declaration “does not meet the characteristics and requirements needed to overcome the presumption of innocence.”
The judges noted what they termed “a certain subjective incredulity” regarding her account, directly linking it to her “high degree of intoxication” on the night of the incident. The ruling, reported by outlets including Metrópoli, described the woman’s conduct in court as “a truly erratic and evasive attitude that the court found unsettling.”
In contrast, the court found the taxi driver’s testimony “was not untruthful.” The judges reinforced the legal principle that the burden of proof lies with the prosecution, a standard they concluded was not met in this instance.
Absence of Corroborating Evidence
Beyond the issues with the primary testimony, the court highlighted a total “absence of peripheral corroboration” to support the accuser’s claim. No other witnesses or physical evidence could substantiate the allegation of sexual assault.
Crucially, forensic experts who testified during the trial stated they found no physical injuries consistent with an assault. They also informed the court that the woman had declined a full medical examination at the hospital after she first reported the incident to the police.
The case underscores the high legal standard required for conviction in the Spanish justice system, particularly in cases that rely on a single testimony without supporting evidence. It also touches upon the complexities of legal proceedings in both Barcelona and nearby L’Hospitalet, where recently a separate case saw police officers stand trial for assault. The acquittal follows another high-profile case in the city where Greenpeace activists were similarly acquitted of attacking police, highlighting the judiciary’s strict adherence to the presumption of innocence.
